G.R. No. L‑2683
November 30, 1906

—

FACTS
– Plaintiffs Agatona Tuason, Victor, Anacleto and Juana Tuason claimed ownership of a house and lot in Lingayen, Pangasinan, and sought ejectment of defendant Ignacia Uson plus ₱1,550 damages for unlawful occupation.
– Defendant denied ownership, asserting that she and her minor children were owners by virtue of a verbal purchase from her late husband, Vicente Puson, allegedly made before 1885.
– The trial court, after amendment of the complaint, found the Tuasons to be the lawful owners and ordered the defendant to vacate and pay ₱280 for use of the premises.
– The defendant appealed, alleging the judgment was unsupported by evidence and contrary to law.

ISSUE
Whether the defendant, Ignacia Uson, proved ownership of the house and lot or merely possessed it as a tenant, and consequently, whether she is liable for rent and other damages for the period of alleged wrongful occupation.

RULING
– The burden of proof rests on the party asserting ownership (Art. 1214 Civil Code; Sec. 297 CPC). The defendant failed to present competent evidence of a valid sale or title; the alleged 1893 deed was deemed unauthentic.
– Testimony consistently showed the defendant occupied the property as a tenant under an informal lease of ₱4 per month, dating from or before 1885.
– Since the defendant’s possession was not founded on title, the limitation defense does not apply.
– Applying Art. 1556 Civil Code, a lessee who fails to comply with lease obligations is liable for the lessor’s losses.

Holding: The Court of First Instance’s decision is AFFIRMED. The Tuasons are the rightful owners; Ignacia Uson is a tenant liable to pay rent of ₱4 per month from 28 Oct 1903 until possession is restored, together with costs of suit. The judgment is to be entered and the case remanded for execution.

Concurrences: Carson, Willard, Tracey, JJ.
Dissents: Arellano, C.J., and Mapa, J.